Jitesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16920 of 2017 Arising Out of PS.Case No. -82 Year- 2016 Thana -GUTHNI District- SIWAN ====================================================== Jitesh Tiwari, son of Sri Dewta Muni Tiwari, resident of VillagePharchhuwa, P.S.- Mairwa, District- Siwan. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Vikram Singh, Advocate For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Guthani P.S.Case No. 82 of 2016 registered for the offences punishable under Sections 307, 353/35 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner and other co-accused persons is of firing on the police party when police party raided the house of Brij Tiwari and further allegation is that on chase petitioner was arrested and from his possession two cartridges were recovered.

It has been submitted on behalf of the petitioner that except recovery of two cartridges there is nothing against the petitioner and he is in custody since 31.7.2016 and other coaccused having similar allegation has been granted bail by this Court in Cr.Misc.No. 13158 of 2017, vide order dated 17.4.2017. Heard learned APP also, who has opposed the prayer for bail on the ground that petitioner and another co-accused are

Patna High Court Cr.Misc. No.16920 of 2017 (3) dt.03-05-2017 2/2 said to have fired on the police party.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Guthani P.S.Case No. 82 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U